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SFV-P-CONF.1-16 - ATTACHMENT 1 TO THE FINAL ACTText Adopted by The Conference (Secretariat) PDF
SFV-P-CONF.1-16 - ATTACHMENT 1 TO THE FINAL ACTText Adopted by The Conference (Secretariat) PDF
RECOGNIZING the significant contribution to maritime safety in general and that of fishing
vessels which can be made by implementation of the provisions of the Torremolinos Protocol
of 1993 relating to the Torremolinos International Convention for the Safety of Fishing
Vessels, 1977,
DESIRING to establish by common agreement for the highest practicable standards for the
safety of fishing vessels that can be implemented by all the States concerned,
CONSIDERING that this objective may best be achieved by the conclusion of an Agreement
relating to the implementation of the provisions of the Torremolinos Protocol of 1993 relating
to the Torremolinos International Convention for the Safety of Fishing Vessels, 1977,
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Article 1
General obligations
(1) The Parties to this Agreement shall give effect to the provisions of:
(2) The articles of this Agreement, articles 2 to 8 and 11 to 14 of the 1993 Torremolinos
Protocol, the regulations in the annex to the 1993 Torremolinos Protocol, and the regulations
in the annex to the Torremolinos International Convention for the Safety of Fishing Vessels,
1977 (hereinafter referred to as the "1977 Torremolinos Convention"), shall, subject to the
modifications set out in this Agreement, be read and interpreted as a single instrument.
(3) The annex to this Agreement shall constitute an integral part of the Agreement and
a reference to this Agreement shall constitute at the same time a reference to the annex
thereto.
Article 2
Interpretation and application of the 1993 Torremolinos Protocol and
the 1977 Torremolinos Convention
Article 3
Signature, ratification, acceptance, approval and accession
(1) This Agreement shall remain open for signature at the Headquarters of the
Organization from 11 February 2013 to 10 February 2014 and shall thereafter remain open
for accession.
(2) All States may become Parties to this Agreement by expressing their consent to be
bound by the Agreement by:
(c) signature subject to the procedure set out in paragraph (4) of this article; or
(d) accession.
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(4) A State which has deposited before the date of the adoption of this Agreement an
instrument of ratification, acceptance, approval of or accession to the 1993 Torremolinos
Protocol and which has signed this Agreement in accordance with paragraph (2)(c) of this
article shall be deemed to have expressed its consent to be bound by this Agreement
12 months after the date of the adoption of this Agreement unless that State notifies the
depositary in writing before that date that it is not availing itself of the simplified procedure set
out in this paragraph.
Article 4
Entry into force
(1) This Agreement shall enter into force 12 months after the date on which not less
than 22 States the aggregate number of whose fishing vessels of 24 m in length and over
operating on the high seas is not less than 3,600 have expressed their consent to be bound
by it.
(4) After the date on which an amendment to this Agreement is deemed to have been
accepted under article 11 of the 1993 Torremolinos Protocol, as applied to this Agreement
pursuant to article 2, any instrument of ratification, acceptance, approval or accession
deposited shall apply to this Agreement as amended.
DONE AT ……………………….…… this ….. day of ………….…. two thousand and ...............
***
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ANNEX
CHAPTER I
GENERAL PROVISIONS
Regulation 1 – Application
"(1) Unless expressly provided otherwise, the provisions of this annex shall
apply to new vessels.
(2) For the purpose of this Protocol, the Administration may decide to use the
following gross tonnage in place of length (L) as the basis for measurement for all
chapters:
(3) Each Party which avails itself of the possibility afforded in paragraph (2)
shall communicate to the Organization the reasons for that decision.
(5) Each Party which avails itself of the possibility afforded in paragraph (4)
shall in its first communication to the Organization:
(b) explain the reasons for the decision taken under paragraph (4);
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(c) describe the plan for progressive implementation, which shall not
be for more than five or 10 years, as appropriate; and
(6) The Administration may exempt a vessel from annual surveys, as specified
in regulations 7(1)(d) and 9(1)(d), if it considers that the application is unreasonable
and impracticable in view of the vessel's operating area and the type of vessel."
Regulation 2 – Definitions
2 The existing paragraph (14) is deleted, the existing paragraphs (15) to (22) are
renumbered as (14) to (21) and the following new paragraphs (22) and (23) are added:
"(22) Gross tonnage means the gross tonnage calculated in accordance with the
tonnage measurement regulations contained in annex I to the International
Convention on Tonnage Measurement of Ships, 1969, or any instrument amending
or replacing it.
(23) Anniversary date means the day and the month of each year which will
correspond to the date of expiry of the relevant certificate."
Regulation 3 – Exemptions
"(3) The Administration may exempt any vessel entitled to fly its flag from any of
the requirements of this annex if it considers that the application is unreasonable
and impracticable in view of the type of vessel, the weather conditions and the
absence of general navigational hazards, provided:
(a) the vessel complies with safety requirements which, in the opinion
of that Administration, are adequate for the service for which it is
intended and are such as to ensure the overall safety of the vessel
and persons on board;
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(4) An Administration which allows any exemption under paragraph (1) or (2)
shall communicate to the Organization particulars of the same to the extent
necessary to confirm that the level of safety is adequately maintained and the
Organization shall circulate such particulars to the Parties for their information."
(1) The inspection and survey of vessels, so far as regards the enforcement of
the provisions of the present regulations and the granting of exemptions therefrom,
shall be carried out by officers of the Administration. The Administration may,
however, entrust the inspections and surveys either to surveyors nominated for the
purpose or to organizations recognized by it.
The Administration shall notify the Organization of the specific responsibilities and
conditions of the authority delegated to nominated surveyors or recognized
organizations.
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such officer, surveyor or organization any necessary assistance to carry out their
obligations under this regulation. When applicable, the Government of the port
State concerned shall ensure that the vessel shall not sail until it can proceed to
sea, or leave port for the purpose of proceeding to the appropriate repair yard,
without danger to the vessel or persons on board.
(4) In every case, the Administration shall fully guarantee the completeness
and efficiency of the inspection and survey and shall undertake to ensure the
necessary arrangements to satisfy this obligation.
(c) a periodical survey within three months before or after the second
anniversary date or within three months before or after the third
anniversary date of the International Fishing Vessel Safety
Certificate which shall take the place of one of the annual surveys
specified in paragraph (1)(d). Alternatively, the Administration may
decide that the periodical survey shall be carried out within three
months before the second anniversary date and three months after
the third anniversary date of the International Fishing Vessel
Safety Certificate;
(2) The surveys referred to in paragraph (1) shall be carried out as follows:
(a) the initial survey shall include a complete inspection of the fire
safety systems and appliances, life-saving appliances and
arrangements except radio installations, the shipborne
navigational equipment, pilot transfer arrangements and other
equipment to which chapters II, III, IV, V, VI, VII, VIII and X apply
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(2) The surveys referred to in paragraph (1) shall be carried out as follows:
(a) the initial survey shall include a complete inspection of the radio
installations, including those used in life-saving appliances, to
ensure that they comply with the requirements of the present
regulations; and
(1) The structure, machinery and equipment (other than items in respect of
regulations 7 and 8) as referred to in paragraph (2)(a) shall be subject to the surveys
and inspections specified below:
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(2) The surveys and inspections referred to in paragraph (1) shall be carried
out as follows:
(e) the inspection of the outside of the vessel's bottom and the survey
of related items inspected at the same time shall be such as to
ensure that they remain satisfactory for the service for which the
vessel is intended.
(3) The intermediate and annual surveys and the inspections of the outside of
the vessel's bottom referred to in paragraphs (1)(c), (1)(d) and (1)(e) shall be
endorsed on the International Fishing Vessel Safety Certificate.
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(1) The condition of the vessel and its equipment shall be maintained to
conform with the provisions of the present regulations to ensure that the vessel in all
respects will remain fit to proceed to sea without danger to the vessel or persons
on board.
(2) After any survey of the vessel under regulation 7, 8 or 9 has been
completed, no change shall be made in the structural arrangements, machinery,
equipment and other items covered by the survey, without the sanction of the
Administration.
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(b) When the renewal survey is completed after the expiry date of the
existing certificate, the new certificate shall be valid from the date
of completion of the renewal survey to a date not exceeding
five years from the date of expiry of the existing certificate.
(c) When the renewal survey is completed more than three months
before the expiry date of the existing certificate, the new certificate
shall be valid from the date of completion of the renewal survey to
a date not exceeding five years from the date of completion of the
renewal survey.
(3) If a certificate is issued for a period of less than five years, the
Administration may extend the validity of the certificate beyond the expiry date to the
maximum period specified in paragraph (1), provided that the surveys referred to in
regulations 7, 8 and 9 applicable when a certificate is issued for a period of
five years are carried out as appropriate.
(4) If a renewal survey has been completed and a new certificate cannot be
issued or placed on board the vessel before the expiry date of the existing
certificate, the person or organization authorized by the Administration may endorse
the existing certificate and such a certificate shall be accepted as valid for a further
period which shall not exceed five months from the expiry date.
(5) If a vessel at the time when a certificate expires is not in a port in which it is
to be surveyed, the Administration may extend the period of validity of the certificate
but this extension shall be granted only for the purpose of allowing the vessel to
complete its voyage to the port in which it is to be surveyed, and then only in cases
where it appears proper and reasonable to do so. No certificate shall be extended
for a period longer than three months, and a vessel to which an extension is granted
shall not, on its arrival in the port in which it is to be surveyed, be entitled by virtue of
such extension to leave that port without having a new certificate. When the renewal
survey is completed, the new certificate shall be valid to a date not exceeding
five years from the date of expiry of the existing certificate before the extension was
granted.
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(c) the expiry date may remain unchanged provided one or more
annual, intermediate or periodical surveys, as appropriate, are
carried out so that the maximum intervals between the surveys
prescribed by the relevant regulations are not exceeded.
(a) if the relevant surveys and inspections are not completed within
the periods specified under regulations 7(1), 8(1) and 9(1);
(c) upon transfer of the vessel to the flag of another State. A new
certificate shall only be issued when the Government issuing the
new certificate is fully satisfied that the vessel is in compliance with
the requirements of regulations 10(1) and 10(2). In the case of a
transfer between Parties, if requested within three months after the
transfer has taken place, the Government of the State whose flag
the vessel was formerly entitled to fly shall, as soon as possible,
transmit to the Administration copies of the certificates carried by
the vessel before a transfer and, if available, copies of the relevant
survey reports.
*
Refer to resolution A.561(14) on Translation of the text of certificates.
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Certificates issued under the authority of a Party shall be accepted by the other
Party for all purposes covered by the present Protocol. They shall be regarded by
the other Party as having the same force as certificates issued by them.
Regulation 17 – Privileges
The privileges of the present Protocol may not be claimed in favour of any vessel
unless it holds appropriate valid certificates."
CHAPTER V
PART A – GENERAL
Regulation 1 – General
"(1) Unless expressly provided otherwise, this chapter shall apply to new
vessels of 45 m in length and over.
(b) Method IIF The fitting of an automatic sprinkler and fire alarm
system for the detection and extinction of fire in all spaces in which
fire might be expected to originate, generally with no restrictions on
the type of internal divisional bulkheads; or
(c) Method IIIF The fitting of an automatic fire alarm and detection
system in all spaces in which a fire might be expected to originate,
generally with no restriction on the type of internal divisional
bulkheads, except that in no case shall the area of any
accommodation space or spaces bounded by an "A" or "B" Class
division exceed 50 square metres. However, the Administration may
increase this area for public spaces.
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CHAPTER VII
6 After the existing paragraph (4), new paragraphs (5), (6) and (7) are inserted as
follows:
"(5) Where the arrangement required in paragraph (3)(a) would interfere with
the normal operation of the vessel, the Administration may decide, in lieu of meeting
the requirements, that vessels carry survival craft capable of being launched from only
one side of the vessel. These survival craft shall be of sufficient aggregate capacity to
accommodate at least twice the total number of persons on board, provided that the
survival craft of sufficient capacity to accommodate the total number of persons on
board can be easily transferred to the other side of the vessel, where they can be
launched safely and rapidly.
(6) In the event of any one survival craft being lost or rendered unserviceable,
there shall be sufficient survival craft available for use on either side, including those
which are stowed in a position to be transferred to the other side, to accommodate
the total number of persons on board. The transfer shall be easy to do, at a single
open deck level, and all craft shall be free of obstacles to avoid entrapment and
facilitate easy deployment.
(7) Where the arrangement required in paragraph (3)(b) would interfere with
the normal operation of the vessel, the Administration may decide, in lieu of meeting
the requirements, that vessels carry other equivalent appliances for rescuing
persons from the water, taking into account the vessel's navigational area and
operational condition."
7 The existing paragraphs (5) and (6) are renumbered as (8) and (9).
CHAPTER IX
RADIOCOMMUNICATIONS
Regulation 1 – Application
8 At the end of the existing paragraph (2), the following new sentence is added:
"Notwithstanding the provisions of paragraph (1), the Administration may permit the
existing radiocommunication system to be continued to be used on board existing
fishing vessels, providing the Administration is satisfied that it is equivalent to the
requirements of this chapter."
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APPENDIX
Issued under the provisions of the Cape Town Agreement of 2012 on the Implementation of the
Provisions of the Torremolinos Protocol of 1993 relating to the
Torremolinos International Convention for the Safety of Fishing Vessels, 1977
__________________________________________
(name of the State)
by
___________________________________________
(person or organization authorized)
Particulars of vessel(1)
Date on which keel was laid or vessel was at a similar stage of construction in accordance with
regulation I/2(1)(c)(ii) or (1)(c)(iii) ..................................................................................................
(1)
Alternatively, the particulars of the vessel may be placed horizontally in boxes.
(2)
Delete as appropriate.
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THIS IS TO CERTIFY:
1.1 That the vessel has been surveyed in accordance with the requirements of
regulations I/7, I/8 and I/9 of the Protocol.
1.2 That the vessel is/is not(2) subject to annual surveys required in regulations I/7(1)(d)
and I/9(1)(d) of the Protocol.
2.1 the condition of the structure, machinery and equipment as defined in regulation I/9
was satisfactory and the vessel complied with the relevant requirements of
chapters II, III, IV, V and VI of the Protocol (other than those relating to fire safety
systems and appliances and fire control plans);
2.2 the last two inspections of the outside of the vessel's bottom took place on
2.3 the vessel complied with the requirements of the Protocol as regards fire safety
systems and appliances and fire control plans;
2.4 the life-saving appliances and the equipment of the lifeboats, liferafts and rescue
boats were provided in accordance with the requirements of the Protocol;
2.5 the vessel was provided with a line-throwing appliance and radio installations used
in life-saving appliances in accordance with the requirements of the Protocol;
2.6 the vessel complied with the requirements of the Protocol as regards radio
installations;
2.7 the functioning of the radio installations used in life-saving appliances complied with
the requirements of the Protocol;
2.8 the vessel complied with the requirements of the Protocol as regards shipborne
navigational equipment, means of pilot transfer arrangements and nautical
publications;
2.9 the vessel was provided with lights, shapes, means of making sound signals and
distress signals in accordance with the requirements of the Protocol and the
International Regulations for Preventing Collisions at Sea in force;
2.10 in all other respects the vessel complied with the relevant requirements of the
Protocol.
(2)
Delete as appropriate.
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Issued at ………………………………………………………………………………………………
(Place of issue of certificate)
……………………………..
(Date of issue)
……………………………………………………………..
(Signature of authorized official issuing the certificate)
(3)
Insert the date of expiry as specified by the Administration in accordance with regulation I/13(1) of the
Protocol. The day and the month of this date correspond to the anniversary date as defined in
regulation I/2(23), unless amended in accordance with regulation I/13(7).
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Endorsement for annual and intermediate surveys relating to structure, machinery and
equipment referred to in paragraph 2.1 of this certificate
THIS IS TO CERTIFY that, at a survey required by regulation I/9 of the Protocol, the vessel
was found to comply with the relevant requirements of the Protocol.
Signed: ….………………………………………………….
(Signature of authorized official)
Place: .………………………………………………………
Date: .……………………………………………………….
(2)
Delete as appropriate.
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THIS IS TO CERTIFY that, at an inspection required by regulation I/9 of the Protocol, the
vessel was found to comply with the relevant requirements of the Protocol.
Endorsement for annual and periodical surveys relating to life-saving appliances and
other equipment referred to in paragraphs 2.3, 2.4, 2.5, 2.8 and 2.9 of this certificate
THIS IS TO CERTIFY that, at a survey required by regulation I/7 of the Protocol, the vessel
was found to comply with the relevant requirements of the Protocol.
(4)
Provision may be made for additional inspections.
(2)
Delete as appropriate.
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Signed: ………………………………………………….
(Signature of authorized official)
Place: ……………………………………………………
Date: …………………………………………………….
THIS IS TO CERTIFY that, at a survey required by regulation I/8 of the Protocol, the vessel
was found to comply with the relevant requirements of the Protocol.
(2)
Delete as appropriate.
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Signed: ………………………………………………….
(Signature of authorized official)
Place: ……………………………………………………
Date: …………………………………………………….
Endorsement to extend the certificate if valid for less than 5 years where
regulation I/13(3) applies
The vessel complies with the relevant requirements of the Protocol, and this certificate shall,
in accordance with regulation I/13(3) of the Protocol, be accepted as valid until ………………
Signed: ………………………………………………….
(Signature of authorized official)
Place: ……………………………………………………
Date: …………………………………………………….
Endorsement where the renewal survey has been completed and regulation I/13(4)
applies
The vessel complies with the relevant requirements of the Protocol, and this certificate shall,
in accordance with regulation I/13(4) of the Protocol, be accepted as valid until ……………..
Signed: ………………………………………………….
(Signature of authorized official)
Place: ……………………………………………………
Date: …………………………………………………….
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Endorsement to extend the validity of the certificate until reaching the port of survey
or for a period of grace where regulation I/13(5) applies
The certificate shall, in accordance with regulation I/13(5) of the Protocol, be accepted as
valid until ………………………
Signed: ………………………………………………….
(Signature of authorized official)
Place: ……………………………………………………
Date: …………………………………………………….
In accordance with regulation I/13(7) of the Protocol, the new anniversary date
is ……………….
Signed: …………………………………………………
(Signature of authorized official)
Place: ..…………………………………………………
Date: ..………………………………………………….
In accordance with regulation I/13(7) of the Protocol, the new anniversary date
is ……………….
Signed: ………………………………………………….
(Signature of authorized official)
Place: ……………………………………………………
Date: …………………………………………………….
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..................................................................
(name of the State)
by ……….......................................................
(person or organization authorized)
Particulars of vessel(1)
THIS IS TO CERTIFY:
That the vessel is, under the authority conferred by regulation ................................................
exempted from the requirements of .........................................................................................
Issued at ..................................................................................................................................
(Place of issue of certificate)
..................................................... ..............................................................
(Date of issue) (Signature of authorized official
issuing the certificate)
(1)
Alternatively, the particulars of the ship may be placed horizontally in boxes.
(2)
Delete as appropriate.
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Endorsement to extend the certificate if valid for less than 5 years where
regulation I/13(3) applies
This certificate shall, in accordance with regulation I/13(3) of the Protocol, be accepted as
valid until …………………………………… subject to the International Fishing Vessel Safety
Certificate, to which this certificate is attached, remaining valid.
Signed: ………………………………………………….
(Signature of authorized official)
Place: ……………………………………………………
Date: …………………………………………………….
Endorsement where the renewal survey has been completed and regulation I/13(4)
applies
This certificate shall, in accordance with regulation I/13(4) of the Protocol, be accepted as
valid until …………………………………… subject to the International Fishing Vessel Safety
Certificate, to which this certificate is attached, remaining valid.
Signed: ………………………………………………….
(Signature of authorized official)
Place: ……………………………………………………
Date: …………………………………………………….
Endorsement to extend the validity of the certificate until reaching the port of survey
or for a period of grace where regulation I/13(5) applies
The certificate shall, in accordance with regulation I/13(5) of the Protocol, be accepted as
valid until ………………………………… subject to the …………………….. Certificate, to
which this certificate is attached, remaining valid.
Signed: ………………………………………………….
(Signature of authorized official)
Place: ……………………………………………………
Date: …………………………………………………….
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1 Particulars of vessel
(1)
Delete as appropriate.
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4 Liferafts ...................
(2)
Excluding those required by regulations VII/17(8)(xxxi), VII/20(5)(a)(xxiv) and VII/23(2)(b)(xiii).
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Item Actual
provision
1 Primary systems
1.1 VHF radio installation:
1.1.1 DSC encoder .....................
1.1.2 DSC watch receiver .....................
1.1.3 Radiotelephony .....................
4 Satellite EPIRB
4.1 COSPAS-SARSAT .....................
4.2 INMARSAT .....................
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Issued at ................................................................................................................
(Place of issue of the Record)
....................... ...............................................................................................
(Date of issue) (Signature of duly authorized
official issuing the Record)
___________
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